Maryland 2023 Regular Session

Maryland Senate Bill SB946 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0946
6	6
7	7	SENATE BILL 946
8	8	E1 3lr2205
9	9	CF HB 135
10	10	By: Senator Smith
11	11	Introduced and read first time: February 21, 2023
12	12	Assigned to: Rules
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Controlled Dangerous Substances – Volume Dealers and Drug Kingpins – 2
19	19	Cannabis 3
20	20
21	21	FOR the purpose of specifying that manufacturing, distributing, dispensing, or possessing 4
22	22	certain large quantities of certain controlled dangerous substances is a felony; 5
23	23	altering the penalties for being a volume dealer and drug kingpin with regard to 6
24	24	cannabis; and generally relating to volume dealers and drug kingpins. 7
25	25
26	26	BY repealing and reenacting, with amendments, 8
27	27	Article – Criminal Law 9
28	28	Section 5–612 and 5–613 10
29	29	Annotated Code of Maryland 11
30	30	(2021 Replacement Volume and 2022 Supplement) 12
31	31
32	32	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
33	33	That the Laws of Maryland read as follows: 14
34	34
35	35	Article – Criminal Law 15
36	36
37	37	5–612. 16
38	38
39	39	(a) A person may not manufacture, distribute, dispense, or possess: 17
40	40
41	41	(1) 50 pounds or more of cannabis; 18
42	42
43	43	(2) 448 grams or more of cocaine; 19
44	44
45	45	(3) 448 grams or more of any mixture containing a detectable amount, as 20
46	46	scientifically measured using representative sampling methodology, of cocaine; 21
47	47
48	48	(4) 448 grams or more of cocaine base, commonly known as “crack”; 22 2 SENATE BILL 946
49	49
50	50
51	51
52	52	(5) 28 grams or more of morphine or opium or any derivative, salt, isomer, 1
53	53	or salt of an isomer of morphine or opium; 2
54	54
55	55	(6) 28 grams or more of any mixture containing a detectable amount, as 3
56	56	scientifically measured using representative sampling methodology, of morphine or opium 4
57	57	or any derivative, salt, isomer, or salt of an isomer of morphine or opium; 5
58	58
59	59	(7) 5 grams or more of fentanyl or any structural variation of fentanyl that 6
60	60	is scheduled by the United States Drug Enforcement Administration; 7
61	61
62	62	(8) 28 grams or more of any mixture containing a detectable amount, as 8
63	63	scientifically measured using representative sampling methodology, of fentanyl or any 9
64	64	structural variation of fentanyl that is scheduled by the United States Drug Enforcement 10
65	65	Administration; 11
66	66
67	67	(9) 1,000 dosage units or more of lysergic acid diethylamide; 12
68	68
69	69	(10) any mixture containing the equivalent of 1,000 dosage units of lysergic 13
70	70	acid diethylamide; 14
71	71
72	72	(11) 16 ounces or more of phencyclidine in liquid form; 15
73	73
74	74	(12) 448 grams or more of any mixture containing a detectable amount, as 16
75	75	scientifically measured using representative sampling methodology, of phencyclidine; 17
76	76
77	77	(13) 448 grams or more of methamphetamine; or 18
78	78
79	79	(14) 448 grams or more of any mixture containing a detectable amount, as 19
80	80	scientifically measured using representative sampling methodology, of methamphetamine. 20
81	81
82	82	(b) For the purpose of determining the quantity of a controlled dangerous 21
83	83	substance involved in individual acts of manufacturing, distributing, dispensing, or 22
84	84	possessing under subsection (a) of this section, the acts may be aggregated if each of the 23
85	85	acts occurred within a 90–day period. 24
86	86
87	87	(c) (1) (I) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 25
88	88	SUBSECTION, A person who [is convicted of a violation of] VIOLATES subsection (a) of this 26
89	89	section IS GUILTY OF A FELON Y AND ON CONVICTION shall be sentenced to 27
90	90	imprisonment for not less than 5 years and is subject to a fine not exceeding $100,000. 28
91	91
92	92	[(2)] (II) The court may not suspend any part of the mandatory minimum 29
93	93	sentence of 5 years. 30
94	94
95	95	[(3)] (III) Except as provided in § 4–305 of the Correctional Services 31
96	96	Article, the person is not eligible for parole during the mandatory minimum sentence. 32
97	97	SENATE BILL 946 3
98	98
99	99
100	100	(2) A PERSON WHO VIOLATES SUBSECTION (A)(1) OF THIS SECTION IS 1
101	101	GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO IMPR ISONMENT 2
102	102	NOT EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $50,000 OR BOTH. 3
103	103
104	104	5–613. 4
105	105
106	106	(a) In this section, “drug kingpin” means an organizer, supervisor, financier, or 5
107	107	manager who acts as a coconspirator in a conspiracy to manufacture, distribute, dispense, 6
108	108	transport in, or bring into the State a controlled dangerous substance. 7
109	109
110	110	(b) (1) (I) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 8
111	111	SUBSECTION, A drug kingpin who conspires to manufacture, distribute, dispense, 9
112	112	transport in, or bring into the State a controlled dangerous substance in an amount listed 10
113	113	in § 5–612 of this subtitle is guilty of a felony and on conviction is subject to imprisonment 11
114	114	for not less than 20 years and not exceeding 40 years without the possibility of parole or a 12
115	115	fine not exceeding $1,000,000 or both. 13
116	116
117	117	[(2)] (II) A court may not suspend any part of the mandatory minimum 14
118	118	sentence of 20 years. 15
119	119
120	120	[(3)] (III) The person is not eligible for parole during the mandatory 16
121	121	minimum sentence. 17
122	122
123	123	(2) A DRUG KINGPIN WHO CON SPIRES TO MANUFACTUR E, 18
124	124	DISTRIBUTE, DISPENSE, TRANSPORT IN, OR BRING INTO THE STATE CANNABIS IN AN 19
125	125	AMOUNT LISTED IN § 5–612(A)(1) OF THIS SUBTITLE IS GUILTY OF A FELONY AND ON 20
126	126	CONVICTION IS SUBJEC T TO IMPRISONMENT NO T EXCEEDING 10 YEARS OR A FINE 21
127	127	NOT EXCEEDING $100,000 OR BOTH. 22
128	128
129	129	(c) It is not a defense to a prosecution under this section that the controlled 23
130	130	dangerous substance was brought into or transported in the State solely for ultimate 24
131	131	distribution or dispensing in another jurisdiction. 25
132	132
133	133	(d) Notwithstanding any other provision of this title, a conviction under this 26
134	134	section does not merge with the conviction for any crime that is the object of the conspiracy. 27
135	135
136	136	(e) The provisions of § 6–220 of the Criminal Procedure Article do not apply to a 28
137	137	conviction under this section. 29
138	138
139	139	(f) This section does not: 30
140	140
141	141	(1) prohibit a court from imposing an enhanced penalty under § 5–905 of 31
142	142	this title; or 32
143	143
144	144	(2) preclude or limit a prosecution for any other crime. 33
145	145	4 SENATE BILL 946
146	146
147	147
148	148	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
149	149	October 1, 2023. 2
150	150